

[Federal Register: February 14, 2007 (Volume 72, Number 30)]
[Notices]               
[Page 7027-7029]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14fe07-47]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPA-2007-0042; FRL-8277-8]

 
Agency Information Collection Activities; Proposed Collection; 
Comment Request; Renewal of Information Collection Request for the 
National Oil and Hazardous Substances Pollution Contingency Plan 
Regulation Subpart J; EPA ICR No. 1664.06, OMB Control No. 2050-0141

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that EPA is planning to 
submit a request to renew an existing approved Information Collection 
Request (ICR) to the Office of Management and Budget (OMB). This ICR is 
scheduled to expire on 6/30/2007. Before submitting the ICR to OMB for 
review and approval, EPA is soliciting comments on specific aspects of 
the proposed information collection as described below.

DATES: Comments must be submitted on or before April 16, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OPA-2007-0042, by one of the following methods:
     http://www.regulations.gov: Follow the on-line instructions for 

submitting comments.
     E-mail: Nichols.nick@epa.gov.
     Fax: 202-564-2625.
     Mail: [EPA-HQ-OPA-2007-0042], Environmental Protection 
Agency, Mailcode: 5104A, 1200 Pennsylvania Ave., NW., Washington, DC 
20460.
     Hand Delivery: Environmental Protection Agency, Mailcode: 
5104A, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OPA-
2007-0042. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information provided, 

unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through http://www.regulations.gov or e-mail. 

The http://www.regulations.gov Web site is an ``anonymous access'' system, 

which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov 

your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket, visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.


[[Page 7028]]


FOR FURTHER INFORMATION CONTACT: William ``Nick'' Nichols, Office of 
Emergency Management, (5104A), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-
564-1970; fax number: 202-564-2625; e-mail address: 
Nichols.nick@epa.gov.


SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OPA-2007-0042, which is available for online viewing at 
http://www.regulations.gov, or in-person viewing at the Docket in the EPA 

Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., 
NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. 
to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Reading Room is 202-566-1744, and the 
telephone number for the OPA Docket is 202-566-0270. Use 
http://www.regulations.gov to obtain a copy of the draft collection of 

information, submit or view public comments, access the index listing 
of the contents of the docket, and to access those documents in the 
public docket that are available electronically. Once in the system, 
select ``search,'' then key in the docket ID number identified in this 
document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What Information Collection Activity or ICR Does This Apply to?

[Docket ID No. EPA-EPA-HQ-OPA-2007-0042]

    Affected entities: Entities potentially affected by this action are 
Respondents including, but are not limited to, manufacturers of 
bioremediation agents, dispersants, surface collecting agents, surface 
washing agents and other chemical agents and biological additives used 
as countermeasures against oil spills. Affected private industries can 
be expected to fall within the following industrial classifications:
     Manufacturers of industrial inorganic chemicals (SIC 281/
NAICS 325188),
     Manufacturers of industrial organic chemicals (SIC 286/
NAICS 325199), and
     Manufacturers of miscellaneous chemical products (SIC 289/
NAICS 325998).
    Title: Renewal of Information Collection Request for the National 
Oil and Hazardous Substances Pollution Contingency Plan Regulation, 
Subpart J (40 CFR 300.900)
    ICR numbers: EPA ICR No. 1664.06 OMB Control No. 2050-0141.
    ICR status: This ICR is currently scheduled to expire on 6/30/2007. 
An Agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information, unless it displays a currently 
valid OMB control number. The OMB control numbers for EPA's regulations 
in title 40 of the CFR, after appearing in the Federal Register when 
approved, are listed in 40 CFR part 9, are displayed either by 
publication in the Federal Register or by other appropriate means, such 
as on the related collection instrument or form, if applicable. The 
display of OMB control numbers in certain EPA regulations is 
consolidated in 40 CFR part 9.
    Abstract: Section 311(d)(2)(G) of the Clean Water Act (CWA), 
requires a product schedule, identifying ``dispersants, other 
chemicals, and other spill mitigating devices and substances, if any, 
that may be used in carrying out'' the National Contingency Plan (NCP). 
The authority of the President to implement the CWA is currently 
delegated to EPA by Executive Order 12777 (56 FR 54757, October 18, 
1991). The use of dispersants, other chemical agents, and biological 
additives to respond to oil spills in U.S. waters is governed by 
Subpart J of the NCP (40 CFR 300.900). The information collected is 
mandatory if you wish to place a product on the Schedule. Most required 
information needs to be submitted on paper however, once a company 
contacts EPA, the Product Schedule Manager can allow some data and 
information to be sent electronically.
    The Schedule is available for use by On-Scene Coordinators (OSC), 
Regional Response Teams, and Area Committees in determining the most 
appropriate products to use or prohibit in various spill scenarios. 
Under 40 CFR 300.910(a), RRTs and Area Committees are required to 
address the desirability of using the products on the Schedule in their 
REGIONAL CONTINGENCY PLANS (RCPs) and AREA CONTINGENCY PLANS (ACPs), 
respectively. The required information is needed from the respondent so 
that the OSCs, RRTs, and Area Committees can make informed decisions to 
safely employ chemical/biological countermeasures to control oil 
discharges. Correct product use is critical in emergency situations. 
Subpart J ensures that OSCs, RRTs, and Area Committees have necessary 
data regarding the toxicity, effectiveness, and other characteristics 
of different products.
    To place a product on the Schedule, Subpart J requires that the 
manufacturer conduct specific toxicity and effectiveness tests and 
submit the corresponding technical product data and other required 
information to EPA Office of Emergency Management (OEM). EPA has 
established an effectiveness threshold for listing dispersants (40 CFR 
300.920(a)(2)). Only those dispersants that meet or exceed

[[Page 7029]]

the established threshold will be listed on the Schedule.
    At 40 CFR 300.915(d), EPA requires respondents to test 
bioremediation agents for effectiveness, using the testing protocol 
contained in Appendix C to part 300. The Bioremediation Agent 
Effectiveness Test is used to compare the effectiveness of different 
bioremediation agents. The objective of the effectiveness testing 
protocol is to provide empirical laboratory evidence that evaluates a 
bioremediation agent's ability to enhance biodegradation as compared to 
the natural population.

Practical Utility/Users of the Data

    EPA places eligible oil spill mitigating agents on the Schedule if 
all the required data are submitted. The Schedule is available for use 
by OSCs, RRTs, and Area Committees in determining the most appropriate 
products to use in various spill scenarios. Under 40 CFR 300.910(a), 
RRTs and Area Committees are required to address the desirability of 
using the products on the Schedule in their RCPs and ACPs, 
respectively. The required information is needed from the respondent so 
that the OSCs, RRTs, and Area Committees can make informed decisions to 
safely employ chemical/biological countermeasures to control oil 
discharges. Correct product use is critical in emergency situations. 
Subpart J ensures that OSCs, RRTs, and Area Committees have the 
necessary data regarding the toxicity, effectiveness, and other 
characteristics of different products.
    At 40 CFR 300.920(c), respondents are allowed to assert that 
certain information in the technical product data submissions is 
confidential business information. EPA will handle such claims pursuant 
to the provisions in 40 CFR part 2, subpart B. Such information must be 
submitted separately from non-confidential information, clearly 
identified, and clearly marked ``Confidential Business Information.'' 
If the applicant fails to make such a claim at the time of submittal, 
EPA may make the information available to the public without further 
notice.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 57 to 
122 hours per response. Burden means the total time, effort, or 
financial resources expended by persons to generate, maintain, retain, 
or disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements which have subsequently changed; train 
personnel to be able to respond to a collection of information; search 
data sources; complete and review the collection of information; and 
transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated total number of potential respondents: 14 per year.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 1 
response for each respondent.
    Estimated total annual burden hours: 390 hours for all 14 
respondents.
    Estimated total annual costs: $100,092, this includes an estimated 
burden cost of $17,292 and an estimated cost of $82,800 for capital 
investment or maintenance and operational costs.

Are There Changes in the Estimates From the Last Approval?

    There is no change of hours in the total estimated respondent 
burden compared with that identified in the ICR currently approved by 
OMB. EPA anticipates the same number of annual burden hours or capital 
and O&M costs under this ICR renewal. The only modifications made to 
figures in this ICR supporting statement involve updates to the wage 
rates associated with respondent and EPA personnel activities. Labor 
costs are not reported in the OMB inventory.

What Is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice pursuant to 5 CFR 
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: February 8, 2007.
Deborah Y. Dietrich,
Director, Office of Emergency Management.
[FR Doc. E7-2544 Filed 2-13-07; 8:45 am]

BILLING CODE 6560-50-P
